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Posted on September 03 2022

What’s ‘maintained status’? Learn before you migrate to Canada

By Editor
Updated July 25 2023

Highlights of Canada maintained status

  • Learn about the maintained status granted to temporary residents in Canada.
  • Understand the difference between a temporary resident permit and temporary resident status.
  • Understand how authorized temporary residents in Canada can get maintained status.

Are you interested to migrate to Canada? We bring interesting and useful information to persons like you on Canada immigration. Here we bring you all you need to know about maintained status as the holder of temporary status in Canada.

In case you are in Canada on a work permit or study permit, and you want to extend your term of stay in the country, there’s something called the “maintained status” that you need to know about.

So, first, let’s understand some basics and then proceed to understand how maintained status is had.

Immigration and Refugee Protection Act (IRPA)

This Act replaced the Immigration Act of 1976. This Act would create a high-level framework that details the goals and guidelines the Government of Canada has set with regard to Canada immigration undertaken by foreign residents.

Under the IRPA, any foreign national authorized to enter Canada according to the terms in Subsection A22(1), is granted temporary resident status.

As per Subsection A22(1), a foreign national will be granted a temporary resident status if an immigration officer is convinced that: ·        The foreign national has applied for that status ·        That person has fulfilled the obligations given in paragraph 20(1)(b) ·        That person isn't inadmissible ·        That person isn’t subject to a declaration made under Subsection 22.1(1)

*Know your eligibility to immigrate to Canada through Y-Axis Canada Immigration Points Calculator.

Who is a temporary resident?

It could happen so that one who gets a temporary resident status may also be authorized to work without a permit, be issued a work permit, get authorized to pursue studies in Canada without a permit, or be issued a study permit.

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Any temporary resident is automatically obliged to leave Canada once their authorized period of stay in Canada has expired. However, it’s possible for temporary residents to extend their period of authorized stay in Canada before the period of validity expires.

In case they have filed such an application, they will be allowed to continue their authorized stay as a temporary resident in Canada by law until a decision is made on the application. Such persons are considered to possess the legal status of a temporary resident during the period in which the application is processed.

It must be noted that those who hold TRPs (temporary resident permits) are considered to have the temporary resident class. But when a foreign national files an application for a new TRP, it’s not considered a renewal of temporary resident status. Instead, it’s treated as applying for a subsequent TRP. So, such TRP holders don’t maintain their temporary resident status during the processing period.

What's a maintained status?

When a person in Canada on a temporary status applies for an extension or change in their status before such status meets its expiry, is called a maintained status.

The maintained status in Canada will be active until the Canadian government makes a decision on your new application for an extension. This status can be held by foreigners who arrive in Canada to work or study.

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Applying for maintained status

All applications have to be submitted on the date on which the applicant’s status expires, before midnight UTC. In case the application was received by authorities after midnight UTC on the expiry date, the applicant doesn’t maintain their status.

What if a temporary resident also files an application for renewal of their work/study permit before their existing permit meets expiry and their permit expires prior to a decision made? In such a case, they are authorized to work/study without a permit. This will be allowed under the same conditions when the determination of their application for renewal is pending. They will be permitted to do so only as long as the applicant remains in Canada.

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What does the result of the extension application mean?

In case the application for extension is approved, the date of issue that appears on the document will be the date a decision was made. In this case, the period of authorized stay will be equivalent to the validity of the new document.

In case the application for extension is refused, it makes the applicant to be maintaining status until the day the decision on the application is made. The restoration period of 90 days begins on the date of refusal.

In case the application for extension is withdrawn by the applicant, an application for an extension will no longer exist on the date the withdrawal is registered. Hence, the period of authorized stay expires on that date.

If the application for extension is rejected (incomplete), the status will be as if the application wasn’t ever submitted. The applicant will be in status until the expiry of their currently active temporary resident status.

So, there you have the essential information regarding the maintained status. This information will benefit you when attempting to move to Canada to work or study and trying to extend your stay there.

If you are willing to migrate to Canada, talk to Y-Axis, the leading immigration and career consultant in the UAE.

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